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H.R. 2312 119th Congress House

Tipped Employee Protection Act

Official title: To amend the Fair Labor Standards Act of 1938 to revise the definition of the term "tipped employee", and for other purposes.

Introduced: March 24, 2025 Introduced by: Steve Womack Republican · Arkansas See on congress.gov
Labor and Employment Labor standardsWages and earnings
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 Everywhere this bill has been 17 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jan 13, 2026
On motion to recommit Failed by the Yeas and Nays: 209 - 215 (Roll no. 21).
Jan 13, 2026
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 2312, the Chair put the question on motion to recommit and by voice vote, announced the noes had prevailed. Ms. Budzinski demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Jan 13, 2026
The previous question was ordered pursuant to the rule.
Jan 13, 2026
POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.
Jan 13, 2026
Considered under the provisions of rule H. Res. 988. (consideration: CR H685-691; text of amendment in the nature of a substitute: CR H685)
Jan 13, 2026
Considered as unfinished business. (consideration: CR H694)
Jan 13, 2026
The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
Jan 13, 2026
Ms. Budzinski moved to recommit to the Committee on Education and Workforce. (text: CR H690-691)
Jan 13, 2026
DEBATE - The House proceeded with one hour of debate on H.R. 2312.
Jan 13, 2026
Rule provides for consideration of H.R. 2988, H.R. 2262, H.R. 2270, H.R. 2312 and H.R. 4366. The resolution provides for consideration of H.R. 2988 under a structured rule, and H.R. 2262, H.R. 2270, H.R. 2312, and H.R. 4366 under a closed rule. The rule provides for one hour of general debate and one motion to recommit on each bill.
Jan 12, 2026
Rules Committee Resolution H. Res. 988 Reported to House. Rule provides for consideration of H.R. 2988, H.R. 2262, H.R. 2270, H.R. 2312 and H.R. 4366. The resolution provides for consideration of H.R. 2988 under a structured rule, and H.R. 2262, H.R. 2270, H.R. 2312, and H.R. 4366 under a closed rule. The rule provides for one hour of general debate and one motion to recommit on each bill.
Dec 30, 2025
Placed on the Union Calendar, Calendar No. 366.
Dec 30, 2025
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-420.
Nov 20, 2025
Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 15.
Nov 20, 2025
Committee Consideration and Mark-up Session Held
Mar 24, 2025
Referred to the House Committee on Education and Workforce.
Mar 24, 2025
Introduced in House
 Votes taken on this bill 1
DateChamberWhat was voted onResultYes–No
Jan 13, 2026 House · vote #21 On Motion to Recommit Failed 209–215 See who voted →
 Amendments to this bill 1

Amendments propose changes to this bill. Members vote on amendments separately before the final bill vote. An agreed amendment becomes part of the bill; a failed amendment does not.

1 agreed to

AmendmentSponsorPurposeStatusLatest action
HAMDT 148 – Pursuant to the provisions of H.Res. 988, the amendment in the nature of a substitute recommended by the Comm… Agreed to Jan 13, 2026
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What's happening now January 13, 2026

POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further proceedings on H.R. 2312 is postponed.

 Plain-English summary Congressional Research Service

Tipped Employee Protection Act

This bill modifies the definition of a tipped employee under the Fair Labor Standards Act of 1938 (FLSA) to exclude consideration of an employee's duties when determining if the employee is a tipped employee. 

Under current law, tipped employees may be paid less than the federal minimum wage (currently $7.25 an hour), but the total of their cash wage and tips must be at least equal to the federal minimum wage. Under the FLSA, a tipped employee is currently a worker who customarily and regularly receives more than $30 a month in tips.

The bill broadens the definition of tipped employee to include any worker who receives tips and other cash wages for a work period at a rate that is at least the federal minimum wage, without regard to the duties of the employee. Under the bill, the work period is a work period that is determined by the employer. 

 Hearings & markups 1
 Related & companion bills 1
  • HRES 988 Providing for consideration of the bill (H.R. 2988) to amend the Employee Retirement Income Security Act of 1974 to spe…
 Bill text 2 versions

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
 Lobbying activity 18

Registered lobbyists who named this bill in their disclosure filings. Source: federal Lobbying Disclosure Act filings.

Bodies those filers lobbied

A filing lists the bills it worked on and the parts of government it contacted in separate sections, so these are the bodies those filers named anywhere in the filing, not a per-bill breakdown.

See all 18 filings →
 Cosponsors 6
All 6 Republican 6
R
Letlow, Julia
Louisiana · Nov 17, 2025
 R
Messmer, Mark B.
Indiana · Nov 17, 2025
 R
Grothman, Glenn
Wisconsin · Nov 7, 2025
 R
Westerman, Bruce
Arkansas · Oct 21, 2025
 R
Sessions, Pete
Texas · Oct 17, 2025
 R
Baumgartner, Michael
Washington · Apr 9, 2025
Cite this page click to expand
APA
U.S. Congress. (2026). H.R. 2312: Tipped Employee Protection Act. 119th Congress. Open America. https://openamerica.io/bill/119-HR-2312/
MLA
"H.R. 2312: Tipped Employee Protection Act." 119th Congress, 2026, Open America, https://openamerica.io/bill/119-HR-2312/.
Bluebook (legal)
H.R. 2312, 119th Cong. (2026), https://openamerica.io/bill/119-HR-2312/.
Markdown link
[H.R. 2312: Tipped Employee Protection Act](https://openamerica.io/bill/119-HR-2312/)
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